The elections of 1990: prohibition of hirings, admissions and appointments in the pre-electoral period

Abstract

By reason of the nonexistence of specific legislation ruling on the elections scheduled for the third of October 1990, a number of problems of an electoral nature appeared and doubts pertaining to this lack. Among these issues one has acquired a special notoriety, mainly in the State of São Paulo, the prohibition concerning appointments and contracts in the so called pre-electoral period, impediment originating in the rule of article 13 of the Law number 6.091, of 15th. of August 1974, the application of wich was recommended by E. Tribunal Superior Eleitoral (Superior Electoral Court). Faced with that, this work records the discussion the applicability of the said article that, considering the principles of intertemporal law in force, considering that it does not exist anymore having been revoked by a later law that has treated the matter in a complete and different manner. And even given the fact that this later law is itself no longer in force, there is no may of applying a renewal ressussitating the above mentioned rule of article 13 of the Law number 6.091/74.